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Allahabad High Court

ROHIT DHANKEDversusTHE STATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is not maintainable because an alternative remedy of appeal exists.

Summary

Rohit Dhanked filed a writ petition under Article 226 seeking a certiorari to quash an order dated 30‑09‑2025 passed by Respondent No.4. The petition alleged that the order was illegal and asked the High Court to set it aside. The State of Uttar Pradesh, as respondent, raised a preliminary objection that the petitioner had an alternative remedy of filing an appeal against the impugned order. The Court held that because an appeal was available, the writ petition was not maintainable. Consequently, the petition was disposed of, with liberty granted to the petitioner to pursue the appeal as per law.

Issues considered

  • Whether a writ petition seeking certiorari is maintainable when an alternative remedy of appeal is available to the petitioner.

Subjects

  • Writ of Certiorari
  • Alternative Remedy
  • Preliminary Objection
  • High Court Jurisdiction
  • Petition Dismissed

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                 WRIT - A No. - 13983 of 2026

                                    Rohit Dhanked
                                                                                                        .....Petitioner(s)
                                                                                 Versus

                                    The State Of U.P. And 3 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)             : Ambuj Maurya, Arya Gautam, Atipriya
                                                                            Gautam, Sr. Advocate
                                    Counsel for Respondent(s)             : C.S.C.

                                    Court No. - 33
                                                       HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the petitioner, learned Standing Counsel for
                                    State-respondents and perused the record.

                                    2. The present petition has been filed with the following prayer:

                                            "Issue, a writ, in the nature of Certiorari, quashing the impugned order
                                            dated 30/09/2025 Passed by the Respondent No. 4, (enclosed as
                                            Annexure-1) to the writ petition."

                                    3. Learned Standing Counsel has raised a preliminary objection that the
                                    petitioner has an alternative remedy of filing appeal against the order
                                    impugned.

                                    4. Since the petitioner has an alternative remedy, I am not inclined to
                                    entertain the instant petition.

                                    5. Accordingly, the petition is disposed of with liberty to the petitioner to
                                    avail the remedy as available to him under law.



                                                                                           (Manish Kumar Nigam,J.)
                                    September 8, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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